Deputy Director Of Income Tax (International Taxation), Circel-1(1), Bangalore V. M/s. IBM Australia Limited, Bangalore

ITTPA 32/BANG/2014

• Counselvise Citation: [2021] 108 COUNSELVISE.COM (IT) 6410 (ITAT-BANGALORE)
• Duration Of Justice: 7 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax (Transfer Pricing) Appeal
• Pronouncement Date: 15-04-2021
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 15-04-2021
• Assessment Year: 2007-2008
• Appeal Filed On: 31-01-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: R DHIRAJ

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: BANGALORE BEFORE SHRI CHANDRA POOJARI, ACCOUNTANT MEMBER AND SMT. BEENA PILLAI, JUDICIAL MEMBER IT(TP)A NO.32/BANG/2014 ASSESSMENT YEAR: 20 0 7 - 08 DY. DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) CIRCLE 1(1), ROOM NO.604, BENGALURU. VS. M/S. IBM AUSTRALIA LTD., C/O BMR & ASSOCIATES, LEVEL 3, PRESTIGE NEBULU-1, 8-12, CUBBON ROAD, BENGALURU 560 001. PAN NO : AA B C I 4837 K APPELLANT RESPONDENT REVENUE BY : NONE ASSESSEE BY : SHRI. R. DHIRAJ, A DVOCATE DATE OF H EARING : 15 . 04 .20 2 1 DATE OF PRONOUNCEMENT : 15 . 04 .20 2 1 O R D E R PER CHANDRA POOJARI, AM: THIS APPEAL IS FILED BY THE REVENUE AGAINST THE ORDER OF CIT(A)-IV, BENGALURU, DATED 20.11.2013 FOR THE ASSESSMENT YEAR 2007-08. 2. AT THE TIME OF HEARING, THE LD A.R SUBMITTED THAT THE ASSESSEE HAS FILED APPLICATION UNDER THE DIRECT TAX VIVAD SE VISHWAS ACT, 2020 AND HAS FILED FORM 1 AND 2. LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJECTION. 3. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE MATERIAL ON RECORD. THE ASSESSEE HAS OPTED FOR VIVAD SE VISHWAS SCHEME, 2020. SINCE THE ASSESSEE HAS ALREADY FILED THE NECESSARY APPLICATION BEFORE THE TAX AUTHORITIES UNDER THE ABOVE SAID SCHEME, WE ARE OF THE VIEW THAT NO PURPOSE WILL BE SERVED IN KEEPING THIS APPEAL PENDING. ACCORDINGLY, APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. IT(TP)A NO. 32/BANG/2014 PAGE 2 OF 2 4. IN THE RESULT, THE APPEAL OF THE REVENUE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN THE OPEN COURT ON THE DATE MENTIONED ON THE CAPTION PAGE. SD/- SD/- SD/- (BEENA PILLAI) JUDICIAL MEMBER SD/- (CHANDRA POOJARI) ACCOUNTANT MEMBER BANGALORE, DATED : 15 TH APRIL 2021 NS* COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) 5. THE DR, ITAT, BANGALORE. 6. GUARD FILE BY ORDER ASST. REGISTRAR, ITAT, BANGALORE.